HB1611ham001 104TH GENERAL ASSEMBLY

Rep. Kam Buckner

Filed: 2/25/2025

10400HB1611ham001 LRB104 07594 RLC 22828 a

AMENDMENT TO HOUSE BILL 1611

AMENDMENT NO. ______. Amend House Bill 1611 by replacing everything after the enacting clause with the following:

"Section 1. This Act may be referred to as the Anjanette Young Act.

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 108-8 and by adding Section 108-15 as follows:

(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

Sec. 108-8. Use of force in execution of search warrant.

(a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant.

(b) No court shall issue a search warrant that permits police officers to enter a residence without first knocking and announcing their office. However, police officers may enter a residence without first knocking and announcing their office in exigent circumstances when entry without notice is necessary to prevent physical injury to police officers or others. The court issuing a warrant may authorize the officer executing the warrant to make entry without first knocking and announcing his or her office if it finds, based upon a showing of specific facts, the existence of the following exigent circumstances:

(1) That the officer reasonably believes that if notice were given a weapon would be used:

(i) against the officer executing the search warrant; or

(ii) against another person.

(2) That if notice were given there is an imminent "danger" that evidence will be destroyed.

(c) Prior to the issuing of a residential search warrant under subsection (b), the officer must attest that:

(1) that prior to entering the location described in the search warrant, a supervising officer will ensure that each participating member is assigned a body worn camera and is following policies and procedures in accordance with Section 10-20 of the Law Enforcement Officer-Worn Body Camera Act; provided that the law enforcement agency has implemented body worn camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act. A If a law enforcement agency or each participating member of a multi-jurisdictional team shall implement has not implemented a body camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act, the officer must attest that the interaction authorized by the warrant is otherwise recorded;

(2) that the The supervising officer verified the subject address listed on the warrant for accuracy and planned for children or other vulnerable people on-site; and

(3) whether the warrant can be effectively executed during daylight hours. In this paragraph (3), "daylight hours" means the hours between 9 a.m. and 7 p.m.;

(4) that the request for the warrant is not based upon information from informants who have provided false information or information that has led to negative raids in the past; and

(5) that (3) if an officer becomes aware the search warrant was executed at an address, unit, or apartment different from the location listed on the search warrant, that member will immediately notify a supervisor who will ensure an internal investigation or formal inquiry ensues.

(d) A search warrant shall not be issued when the only offense alleged is possession of a controlled substance; search warrants for narcotics shall be limited to the manufacture, sale, or distribution of narcotics.

(e) When an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall:

(1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the officer is able to demonstrate verifiable exigent circumstances and the judge, for good cause, expressly authorizes execution at another time;

(2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer;

(3) be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice. In counties having a population of less than 90,000, when, after reasonable inquiry by the law enforcement officer seeking the warrant, members of the special weapons and tactics team or special response team are not available to timely execute the warrant and the court finds by clear and convincing evidence that the risks to the health and safety of the persons executing the warrant, the occupants of the premises, or the public are greater if the warrant is not timely executed, the court may approve the execution of the warrant without members of a special weapons and tactics team;

(4) wear and activate a body-worn camera as required by this Section when entering a premises for the purpose of enforcing the law;

(5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed;

(6) be prohibited from pointing firearms at individuals under 18 years old, unless the individual presents an imminent risk of death or great bodily harm to the officer or another person;

(7) during the execution of a residential warrant, be prohibited from handcuffing or restraining any child, unless the child presents an immediate threat of physical harm to oneself or another person;

(8) during the execution of a residential warrant, be prohibited from handcuffing or restraining parents, relatives, or caregivers of children while in the presence of children, unless the person presents an immediate threat of physical harm to oneself or another person. As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person shall be promptly released; and

(9) knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this paragraph (9) does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that immediate entry is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement officers executing the search.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(725 ILCS 5/108-15 new)

Sec. 108-15. Peace officers to prepare damage report; negative raids. In this Section, "negative raid" means an execution of a search warrant that did not result in obtaining evidence or contraband sought in the warrant or the arrest of the target of the warrant.

After executing a search warrant, the peace officer or officers executing the warrant shall prepare a damage report and make immediate arrangements to address safety concerns caused by the execution of the warrant, such as the breaking down of a door, which leaves a family vulnerable. The data on all search warrants, including the causes of each negative raid, shall be publicly reported. Public reporting shall also include, but shall not be limited to, anonymized location information of the site of the warrant; the type of entry; the length of time waiting after knocking and announcing before entry; what force was used (including gun pointing); misconduct allegations; the race and gender demographics of each person inside the residence during execution of the warrant; the presence of children and other vulnerable people; injuries; property damage; the recovery of contraband; and arrests.

Residential search warrants shall be prohibited unless they involve violent felonies as defined by 18 U.S.C. 16; the illegal manufacture, distribution, or sale of narcotics, firearms, or munitions; or property crimes over $1,000 or when necessary to protect a person from a threat of physical harm.

Law enforcement agencies shall provide copies of body-worn camera footage of the raid to the owners of the residence and the people present within 10 days of their request for such footage.".